Changing The Act. On Mining Activity, Explosives And St. Mining Administration

Original Language Title: změna zák. o hornické činnosti, výbušninách a o st. báňské správě

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206/2002 Sb.



LAW



of 24 July 2003. April 2002,



amending Act No 61/1988 Coll. on mining activities, explosives and the

the State Mining Administration, as amended



Change: 150/2003 Coll.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,

Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.

Act No. 129/2000 Coll. and Act No. 313/2001 is amended as follows:



1. In section 2, at the end of subparagraph (g)) the dot replaces the comma and the following

letter h) and (i)), which read as follows:



"(h)), the mining rescue service,



I) permissible surveying activity. ".



2. section 3, including title and footnote 2a) reads as follows:



"§ 3



Activity carried out using mining techniques



The activities carried out by the mining way under this Act, the



mining bearings) non-reserved minerals, including the adaptation and

refining of minerals carried out in the context of their exploitation, and

searching and exploration of non-reserved minerals carried out to

the purpose,



(b)) the mining sands in open channel, water flows, and sand floating machine

including the adaptation and refinement of these raw materials carried out in the context of the

with their mining, with the exception of the removal of layers of water maintenance

flows,



(c)) work to ensure the stability of underground spaces (underground redevelopment

work),



(d)) work on making the caves and work on keeping them in

safe condition,



e) natural work carried out for the use of machinery and explosives, if the

one site moves more than 100 000 cubic metres of rock, with

the exception of foundation engineering,



(f) drilling wells with a length) over 30 m for purposes other than to the activities

referred to in paragraph 2 and 3,



g) contain natural medicinal and table mineral waters in the mine workings

in the underground,



h) work on disclosure of old mine workings ^ 2a) or permanently abandoned

mine workings and work on keeping them in a safe condition,



I) underground work of digging the mine pits and wells, in stamping

galleries and tunnels, as well as in the creation of the underground spaces of the volume of more

than 300 cubic metres of rock.



2A) § 35 para. 1 of Act No. 44/1988 Coll., as amended. ".



3. in section 5, paragraph 2, including the footnote No. 3 c) and 3d):



"(2) a mining activity, and the activities carried out by using mining techniques can

only organizations that had the authority of the State Mining Administration for

These activities issued permissions. Mining activities and the activities carried out by

using mining techniques, the organization can only be carried out on the basis of the authorisation

issued in accordance with this Act, the Mining Act, or in accordance with special

legislation, ^ 3 c) or on the basis of the Declaration, if these provisions

they admit. Before issuing permits to mining activity referred to in section 2 of the

(a). and organizations must prove) that the implementation of these activities will be

manage and be responsible for their quality with professional qualifications, pursuant to

Special Act. ^ 3d) prerequisites to obtain permissions to mining

activities and activities carried out using mining techniques, and also to

planning and designing of objects and devices that are part of the

mining activity or activities carried out using mining techniques, where appropriate,

work-related, unless they are governed by a special legal

provision 3d) establishes the Czech ^ mining Office by Decree.



3 c) for example, Act No. 50/1976 Coll. on territorial planning and building

Code (the building Act), as amended.



3D) Act No. 62/1988 Coll., as amended. Act No.

18/1997 Coll. on peaceful uses of nuclear energy and ionizing radiation

(Atomic Act), and amending and supplementing certain acts, as amended by

amended. ".



4. in paragraph 5, the following new section 5a, which including the footnotes # 4a) and

4B):



"§ 5a



(1) If this Act or the regulations issued by the top law to their

^ design 4a) requirements for qualifications, competence or other

requirements for the performance of the activities referred to in this Act shall be deemed or

These requirements have been met if the natural person shall submit to the

a certificate issued by the competent authority of the Member State of the European Union in

accordance with the relevant directive of the European Union. ^ 4b)



(2) the certificate referred to in paragraph 1 for the citizens of the United States or citizens

another Member State of the European Union, who held a mining

the activity or activities carried out by using mining techniques in the Czech Republic,

issued by the Czech mining Office. Confirmation is issued in Czech language on

the request of the natural person is supported by data on the length and focus of this

activity.



4A), for example, Decree No. 340/1992 Coll., on the requirements for the qualification and

the competence and proficiency of workers to authentication

mining activities and activities carried out using mining techniques and amending

some of the regulations issued by the Czech Mining Authority in order to ensure

safety and health at work and the safety of operations at

mining activities and activities carried out using mining techniques, as

amended.



4B) directive of the European Parliament and of the Council No 99/42/EC

performs the procedure for the recognition of evidence of training for professional activities,

modified by the directives on liberalisation and transitional measures and

supplementing the General system for the recognition of evidence of training. ".



5. In paragraph 6 of paragraph 1 reads:



"(1) the organization is in its activities required to ensure and control the

compliance with this Act, the Mining Act and regulations issued on their

basis, as well as specific legislation regulating the safety and

occupational health, safety and working conditions in the

mining activities and in the activities to be carried out using mining techniques.

The Organization must appoint a person satisfying the conditions set out in section 5 of the

paragraph. 3 for each race of the mine and mine for each race the quarry, Quarry

who are responsible for the safe and professional management of the mining activities, or

activities carried out using mining techniques. The Organization shall, in matters

expert management and management of safe mining activity

to establish the racing or racing down the quarry employee. ".



6. In article 7 (2). 7, the second sentence is replaced by the sentence:

"Unless the Organization of the amount of the contribution, it sets out the Czech mining

the authority. ".



7. In section 8 paragraph 3 reads:



"(3) the types of selected mining machines, devices, instruments and equipment must

be before using the underground allowed to use the Czech mining

by the authority. The Czech mining Office when granting this authorization shall also state,

that the selected mining machines, equipment, devices and equipment are subject to

periodic tests. Perform the tests and submit expert opinions

required for issue of the permit shall designate the Czech mining Office and shall ensure that,

who asks for permission. ".



8. in section 8a, the following new section 8b, including footnote No. 6 c)

added:



"§ 8b



The analyses of the samples mine air quality and other mine gases can perform

only authorized persons under special legislation ^ 6 c) responsible for

The Czech Mining Authority.



6 c) Act No. 86/2002 Coll., on the protection of air and amending certain other

laws (law on the protection of the atmosphere). ".



9. In section 10 paragraphs 4 to 6 shall be added:



"(4) the temporary cessation of operations at the mine or quarry is an organization

required to carry out their security, so that it was possible the conquest of bearings

Restore. Stop the operation of the organisation shall notify the district mining Office.

If your organization does not ensure, and if it is compromised or

the health of people or other mining bearings, orders the district mining Office

ensure the mine or quarry, at the expense of the organization.



(5) in case of permanent cessation of the operation of the mine or quarry is an organization

required to carry out their disposal or to submit a motion to the district

Office project their different uses. If your organization does not dispose of

and if the safety or health of humans, district mining Office

directs execution of liquidation at the expense of the organization.



(6) ensuring the mine workings and quarries and liquidation of main mine works and

quarry permits the district mining Office. With the application for authorization shall be submitted

organization plan of the collateral or liquidation. The district mining Office to ensure

or liquidation of main mine workings and quarries organization orders, unless it is

the cases referred to in paragraphs 4 and 5, also if the organization does not give

the application for authorisation within 3 months from the end of the conquest or interruption

activity. ".



10. In section 10, the following is inserted after paragraph 6, paragraph 7, including

footnote # 8b):



"(7) the district mining Office may order the performance of work referred to in

paragraphs 4 to 6 of the maximum level of financial reserves ^ 8b) created

organizations.



8B) § 31 para. 6 of Act No. 44/1988 Coll., as amended. ".



Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.



11. in section 10, the following paragraph 10 is added:



"(10) when you change the spending plan, the preparation and extraction or plan to ensure

or liquidation is party to the proceedings, the applicant only if they are not


rights and obligations of other persons and does not change with the audience

concerned or affected mining activities. Change can be enabled

only after consultation with the relevant government authorities to protect the

the territory of the interests under special legislation. ".



12. in article 14, the following paragraphs 3 and 4 are added:



"(3) After termination of the activities referred to in § 2 shall transmit to the organisation within 12 months

the district mining Office two copies of the final report and registration

the leaves of the main mine workings and mining surveying and geological documentation

that can be stored permanently on a technical medium.



(4) following the cancellation of the area passes within 2 months the district

mining Office a copy of the final report, the accounting major sheets

mine workings and geological surveying and documentation of the Czech Geological

service. ".



13. in section 18 para. 1 the term "organization" is replaced by "investor,

the owner of the mine ".



14. in section 18, paragraph 4 shall be deleted.



15. in section 39 paragraph 2 reads as follows:



"(2) the Chief supervision pursuant to paragraph 1 shall not apply to cases where the

activities and equipment referred to in paragraph 1 shall be subject to similar

supervision of the authorities of the Ministry of defence, the Ministry of transport and communications,

The Ministry of Justice and Ministry of the Interior. Superintendence of State

Mining Authority does not affect the environmental supervision of mining carried out by

The Ministry of the environment. ".



16. in section 40 para. 5 (b)):



"(b)) manages and coordinates the development and research in the field of competence of the State mining

the Administration, which is financed from State resources, ".



17. in paragraph 40, the dot at the end of paragraph 6 is replaced by a comma and the following

letters e) and (f)), which read as follows:



"e) keeps records on issued certificates or licences of professional

eligibility,



f) keeps records on issued penalties, their selection, and passes them to the

The Ministry of Finance of the Czech Republic. ".



18. In paragraph 41, the dot at the end of paragraph 1 is replaced by a comma and the following

the letters j and k)), including footnotes # 18 d), 18e) and 18f)

shall be added:



"j) carry out remittance management ^ 18 d) of mining areas and from seized

minerals deposits, 18e) including the finance charge ^ ^; When paying and recovering

they follow a special legal regulation, ^ 18f)



k) shall keep a register of persons to whom they have issued a certificate or licence

professional competence under this Act and the regulations issued on its

basis, and the release of these documents, to inform the Czech mining Office.



18 d) section 7 of the Decree No. 617/1992 Coll., on details of the remittance of payment

mining areas and from seized reserved minerals.



18e) § 32a of the paragraph. 2 of Act No. 44/1988 Coll., as amended.



18F) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended. ".



19. in paragraph 41, the following paragraph 3, including the footnotes No.

18 g) and 18 h) is added:



"(3) when the collection and recovery of debts to the State and the municipalities of flow through the circuit

mining offices under special legislation. ^ 18 g) in proceedings before the

the courts of the district mining offices stand out as an organizational folder State ^ 18 h)

separately, on behalf of the United States.



18 g) § 1 (1). 4 of Act No. 337/1992 Coll., as amended.



18 h) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its assets

in legal relations ".



Article II



1. the Organization, which have been granted in accordance with the existing legislation

authorized pursuant to section 2 (a). and Act No. 61)/1988 Coll.

do not meet the condition set out in § 5 para. 2 of Act No. 61/1988 Coll., on

the text of this law, shall be obliged to fulfil the obligation until 31 December 2008. December

2003. If an organization submits proof of fulfilment of the conditions within 15 days after the

the deadline, permission to search and survey.



2. the licences issued for activities carried out by using mining techniques referred to

in paragraph 3 (b). (b)) Act No 61/1988 Coll., as amended to the date of effectiveness of the

This Act shall expire on the expiry of 6 months from the effective date

the effectiveness of this Act. Within that period, an organization on the geological

work to obtain business permission to trade according to the bound

a special legal regulation.



3. Organizations which was established by the mining area

the legislation, which is located on land owned by the State,

the right to an administrative office, a legal entity or its

the branch, which has a plot in the Administration, has concluded a

the lease of the land at the time of the anticipated conquest or purchase bearings

contract for the sale of the land. Request containing a specification of land information

According to the land registry to the administrative authority, legal entity

or her organizational folder that referred to a plot of land and

supported by the Czech mining authority confirming that the applicant has been established

the mining area, must be submitted no later than 30 June 2005. October 2003. Czech

mining Office confirmation issued to land in mining leases where

is in progress or has to take place only if the required underground mining

the land can no longer be mining activities at risk, or for other

land in those cases where the land was no longer required

terminated. In the case of the sale of the land be transferred at a price that is in

given the usual time and place.



Article. (III)



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as derived from the laws of it changing.



Article IV



The effectiveness of the



This Act shall take effect on 1 January 2000. July 2002, with the exception of article. (I)

paragraph 4, which shall take effect on the date of the Treaty of accession of the Czech

Republic to the European Union enters into force.



Klaus r.



Havel, v. r.



in the financial times in the r..

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